You just got hit by an oncoming driver who turned left directly into your path. While you’re sprawled out on the pavement, the driver jumps out of their car and immediately yells “You hit me and it’s your fault!” In Washington, when someone tries to blame you after they hit you while riding, this argument is called “comparative negligence.” But what most bicycle riders don’t know is that the at-fault driver can’t just point the finger at you and call it a day. They must come forward with actual evidence that shows you did something wrong that caused or contributed to you getting hit and injured. Without actual evidence of your negligence, the driver will be unable to meet their “burden of proof” to show that you were at fault and will not be able to allocate any blame on you.
So, what kind of evidence does the at-fault driver have to show to meet its burden of proof? Well, sometimes the driver will hire an expert to testify that you could have done something other than what you actually did, or that other riders might have responded differently than how you did. But when a driver fails to yield, you don’t have much (if any) time for methodical decision-making, so Washington law requires the driver to prove that you acted so unreasonably after being confronted with another driver’s failure to yield that it amounts to negligence.
If the driver has no evidence that you acted unreasonably, the driver will most likely not be able to allege at trial that you are at fault. Why? Because the inattentive driver who hit you shouldn’t get to blame you without evidence at trial. This is especially true in car-bike collisions where the defense attorneys often try to suggest that the cyclist should have been some type of mind-reader who can predict a driver’s inattention. I have litigated this defense argument many times and Washington law is very favorable for bicyclists because there is no heightened duty of care to anticipate the negligence of another while riding. As cyclists, we enjoy the same right as drivers to assume that others will obey the law, so when a defense attorney or an accident reconstructionist tries to argue that my client should have slowed down at an arterial intersection, a trail crossing, a driveway entrance, a parking lot exit, or while riding in a marked bicycle lane or arterial where they clearly have the right of way, the judge in the case (who is the gatekeeper for evidence at trial) may prohibit the defense from making these arguments at trial to prevent juror bias or speculation from creeping into the decision-making process. No evidence, no argument!
Understanding bicycle accident liability in Washington is not always straightforward. If you were wrongfully blamed for the collision that caused your injuries, call me at (206) 257-6559 or fill out my Contact Form here: https://seattlebikeattorney.com/contact. I will contact you to schedule a complimentary consultation to discuss the specific facts of your case and the viability of the driver’s affirmative defenses that may limit your ability to recover your damages from the driver.
